GlaxoSmithKline cannot enforce a $35 million settlement agreement in the Flonase antitrust litigation on the state of Louisiana even though the state’s claims against GSK fall within the settlement’s terms.
U.S. District Judge Anita B. Brody of the Eastern District of Pennsylvania said she had no jurisdiction over GSK’s motion to enforce the settlement on the state because Louisiana did not waive its 11th Amendment sovereign immunity from being sued in federal court.
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